Fair use is a defense or claim for using copyrighted materials freely without payment or permission -- in certain situations.
Those situations include “criticism, comment, news reporting, teaching, scholarship, and research.”
In determining the “fairness” of a fair use claim, there are four factors taken into consideration:
1. The purpose and character of your use
2. The nature of the copyrighted work
3. The amount and substantiality of the portion taken
4. The effect of the use upon the potential market
It’s important to remember that fair use is situational. Only a court can ultimately determine if a use is fair and this can only happen if a case is litigated.
View the video below for additional details.